MATTER OF GARCIA v. SELSKY


48 A.D.3d 931 (2008)

852 N.Y.S.2d 420

In the Matter of EDWIN GARCIA, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 21, 2008.


Cardona, P.J.

After a search of petitioner's prison cell resulted in the discovery of 29 identification card-size photographs of petitioner, as well as his prison identification photograph, he was charged with violating several prison disciplinary rules. Following a tier III hearing, petitioner was found guilty of possession of contraband, but not guilty of the other charges. The determination was affirmed upon administrative review, prompting the commencement of...

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